Couldn't someone just publish a print version of the source code and whitepaper and it'd fall under the First Amendment? I believe this was done for PGP https://en.wikipedia.org/wiki/Pretty_Good_Privacy#Criminal_i...
They can even make using PGP illegal, and there are politicians trying.
Unless you have a recent example?
For a reference, I mentioned your example of PGP, which would be made illegal to use under this proposed law https://www.scribd.com/doc/307378123/Burr-Encryption-Bill-Di...